Personal injury claims are extremely difficult because they involve complex legal proceedings. You need to deal with the physical injuries and other damages that were caused by the accident. Pursuing compensation from the defendant can help you recover all the damages. Before filing a claim, it is important to know whether you have a valid claim or not.
You can also get assistance from the personal injury attorneys at Atlanta Personal Injury Law Group. As one of Atlanta’s most successful law firms, Atlanta Personal Injury Law Group has fought with stingy insurance companies that tried to have their way with accident victims. The law firm, headed by Jennifer Gore-Cuthbert, has proven expertise in various categories of personal injury law.
What is a Personal Injury Claim?
When a person sustains any injury due to the negligence or wrongdoing of someone else, they are eligible to take legal action against the at-fault party. To take legal action, you need to file a personal injury claim.
By filing this claim, the victim can recover compensation for their injuries and other damages incurred as a result of the incident. The following are some of the types of personal injury claims:
1) Car accident
2) Slip and fall accident
3) Medical malpractice
4) Workplace accident
5) Dog bite case
6) Product liability case
How Do You Know Whether You Have a Valid Personal Injury Claim?
Determining whether you have a valid claim is based on several factors. That’s one of the main reasons why you should consult an experienced attorney. Given below are the factors that determine whether you have a valid personal injury claim.
The Negligence of Other Parties
First of all, your lawyer will find out whether the other party’s negligence caused the accident. You should provide evidence to support your claim. The evidence includes:
1) Photos and videos of the incident
2) Eyewitness statements
3) Police reports
4) CCTV footage
Moreover, a lawyer also confirms whether the at-fault party owed you a duty of care and breached that duty, directly causing your injuries.
Statute of Limitations
The statute of limitations is an important concept in a personal injury claim. The statute of limitations is the time limit to file a personal injury claim. Every state has a specific deadline to file a personal injury claim.
Your lawyer will check whether you missed the deadline to file a personal injury claim. If you didn’t miss this deadline, then you can take legal action against the at-fault party.
Check the Severity of the Losses
To file a personal injury claim, it is necessary that you suffered actual losses because of the accident. If you have not experienced any injury and damages in the incident, then you are not eligible to file a personal injury claim.
Therefore, your lawyer will check whether the accident resulted in actual damages. If you sustained any serious harm and other losses, then you can file a claim against the at-fault party. By doing so, you can recover compensation for medical expenses, lost income, pain and suffering, and future expenses related to your losses from the other party’s insurance company.
Review the Insurance Coverage
The lawyer will review the insurance coverage of the at-fault party. If the other party has no insurance coverage or insufficient insurance, then it may affect your eligibility to recover compensation.
In this situation, the lawyer will check whether the other party has any other type of applicable insurance, such as underinsured or uninsured motorist coverage. With the available insurance, they will help you pursue the claim.
Final Thoughts
By considering all these things, your lawyer will determine whether you have a valid claim or not. Moreover, they will also guide you through the legal options to acquire compensation from the other party.
